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© 2020 by Art-Sitters, Amsterdam

General terms and conditions

General terms and conditions for the Users of Art-Sitters

 

 

Definitions

The terms below will appear regularly in these General Terms and Conditions. We will use them in the following sense unless stated otherwise.

Terms of Use: These General Terms and Conditions for the user of the online Art-Sitters Site.

Art-Sitters: Langestraat 19E, 1015 AK Amsterdam, contact@artsitters.com, +31633336112, KVK Number: 75445220. Art-Sitters also referred to as ‘us’, ‘our’ or ‘ours’.

Site: This is the structure set up by Art-Sitters with a search function at the web address www.artsitters.com.

User: You, the parent or legal guardian of the children to be cared for, who is looking for an Artsitter with skills through our agency. User is also referred to as ‘you’ or ‘your’.

Artsitter: a private individual aged 18 years or older with a set of skills, who falls under the Regeling dienstverlening aan huis (Regulation Services at Home) and provides a (babysitting) service to the user.
Skills: Mastery of artistic craft and talent(s) and babysitting. Besides offering professional and reliable childcare, the Artsitter teaches their craft and help children foster their creativity and discover their own talents.

Regeling dienstverlening aan huis (Regulation Services at Home): Chapter 3 of the advice of the home services committee (Kalsbeek Committee). In this chapter, the Committee describes the Regeling dienstverlening aan huis (Regulation Services at Home) and places it in an international context. The ‘Regeling dienstverlening aan huis’ (Regulation Services at Home) can be found at www.artsitters.com and can be saved and printed.

User Agreement: The Art-Sitting Agreement and these Terms of Use apply as an agreement between the User and Art-Sitters.

Art-Sitting Agreement: the agreement for services between the User and Artsitter.

 

 

Who are we and what is our mission

Who we are

Art-Sitters: Langestraat 19E, 1015 AK Amsterdam, contact@artsitters.com, +31633336112, KVK Number: 75445220

The agency links families to the right available Artsitter. We work with Artsitters that fall under the ‘Regeling dienstverlening aan huis’ (Regulation Services at Home). Information about this scheme can be found on our website. We ask you to read the information carefully! As a User, you must be able to determine yourself whether the ’Regeling dienstverlening aan huis’ applies to the available Artsitter before you confirm the booking. If the regulation doesn’t apply to the booked Artsitter, you will be responsible for this and the consequences are for your own account as a User.

Our mission

Our main business activity and goal is to connect you, the User to an Artsitter with the help of our online Site and personal consultancy, through supply and demand. We want the Artsitter to offer, besides being a professional and reliable babysitter, your child to discover his/her own talents through teaching their art craft(s).

Art-Sitters is a mediator in bringing Users and Artsitters into contact with each other and is impartial in relation to the concluded agreement between the User and Artsitter. Art-Sitters acts as an authorized representative for the Artsitter when you, as a User, book this Artsitter through our Site or through/after consultancy. Art-Sitters accepts and confirms a booking from the User on behalf of the Artsitter, obviously only with the approval of the relevant Artsitter.

 

Conclusion of the User Agreement

By booking one of the services, you automatically accept the Terms of Use and the Privacy Statement and are ready to access our services.

With the acceptance of the booking and confirmation, an agreement has been reached between us, the User and Art-Sitters, the so-called User Agreement. These Terms of Use shall be deemed to be an integral part of this established User Agreement.

 

 

Access to the Site

The Site is accessible 24 hours a day, seven days a week. Art-Sitters reserves the right, without prior notice or compensation, to temporarily suspend the Site or access to other online services in order to perform work. This includes updates, maintenance work and changes to the servers, etc. Art-Sitters has the right to change, remove or add new functions to the Site without assigning any reason. We cannot guarantee that the Site will function without interruption.

 

Conditions for access to the Site

As we already mentioned, a prerequisite for access to our services is to comply with our Terms of Use. We may also, without giving any reason, deny you our services in the future.

The information you keep and give as the User must be complete, correct, up-to-date, truthful and proven on the first request of Art-Sitters. You are responsible for this yourself! Each User must have parental authority and may only be registered once.

We will only help you personally, as a User in providing the need to find and book an Artsitter with skills. Therefore, you may not use our Site for commercial purposes without our permission.

 

Important warning!

We do our best to invest a lot of time and effort to find the best Artsitters for our Users. Should we find out that you pass(ed) on (contact) details of our Artsitters to others or to contact our Artsitters outside of our Site and/or consultancy to book a (babysitting) service or if that has happened in the past, we will impose an immediate payable fine of EUR 500,- per each booking not made through our Site or consultancy.

 

Finding and booking an Artsitter. Formation of an Art-Sitting Agreement

Method of operation

Matching you as a User of our Site to that caring, professional, talented Artsitter that suits your children is our objective. This is a matter of demand (User) and supply (Artsitter). We only offer an independent Site and consultancy to connect Users and Artsitters.

By paying a booking fee and chosen service, you come to an Agreement with an Artsitter.

On the Site or in person you will enter the desired date, time and your preference for a special skill through an inquiry form. We will then look for available Artsitters who meet your requirements and match you with the best creative solution. Art-Sitters does not give any guarantee regarding the number of available Artsitters. We are not obliged to give any results of the selected Artsitters.

Finding and booking an Artsitter

Based on the availability of the Artsitters, you will make your own choice of (if possible and according to availability) an Artsitter that you would like to eventually make a booking request with. Also, pay attention to the ‘Regeling dienstverlening aan huis’ (Regulation Services at Home)! Art-Sitters personnel will forward this booking request to the selected Artsitter(s). If more than one Artsitter receives a booking request, the one who accepts the request first will be connected to you.

The Artsitter decides independently whether they can confirm and carry out the (babysitting) service. Art-Sitters has no opinion or influence on this. If an Artsitter rejects the booking request, you can of course immediately search for a suitable replacement and book through our Site (inquiry form) and/or through consultancy.

Formation of Art-Sitting Agreement

By making a booking request through the Site (inquiry form) and/or through consultancy, the User accepts the terms and conditions of the User Agreement. By accepting the booking request, the Artsitter agrees to the terms of the Art-Sitting Agreement.

Therefore when the Artsitter accepts the booking request, an Art-Sitting Agreement between the User and the Artsitter is automatically established.

Important warning!

Art-Sitters will not be involved in the contract between the Artsitter and the User. The relationship between Art-Sitters and the Artsitter does not qualify as an employment contract under any circumstances.

Executing the service

If all went well, you have now booked an Artsitter and the Art-Sitting Agreement has been established between you.

When booking an Artsitter for the first time, we encourage all parties to get to know each other.

You undertake to pay the Artsitter for the booked (sitting) service. As a User you are obliged to provide all information and resources necessary for the Artsitter to perform the (babysitting) service properly. You give the Artsitter instructions and guidelines about the (babysitting) service to be provided. The Artsitter makes sure the material is provided for the service to take place, with the help of mediation and advice through Art-Sitters.

Make sure that the arrangements you make with the Artsitter are not in conflict with laws and regulations, including ‘Regeling dienstverlening aan huis’ (Regulation Services at Home). If we discover that such arrangements have been made, this will be considered as a breach of contract on the basis of which this User Agreement will be terminated immediately and without any notice.

The Artsitter will perform and execute the (sitting) service entirely according to his/her own idea, insight and for his/her own account and responsibility. We screen our Artsitters but have no control or interference over how they perform the service. We can also not guarantee the quality of the babysitting service provided by the Artsitter. We do not check whether the Art-Sitting Agreement is complied with. As a User, you must determine yourself whether everything has been carried out in accordance with the agreements you have made. You can always contact us viacontact@artsitters.com about this. We will do our utmost best to answer any of your questions and will deal with complaints. Art-Sitters determines whether the question and/or complaint is well-grounded.

 

Quality assessment of the service

As a User you can express your opinion through the Site about the quality of the sitting service, under “testimonials”. The purpose of this is to make sure the service is maintained at the highest level. The assessment and service should in no case relate to the Artsitter as a person, but it should relate to him/her as an Artsitter and to the sitting service provided.

By submitting your review, you give Art-Sitters, free of charge and without limitation in time and scope, the right to use this review and comments. We may freely dispose of these reviews and comments, to publish them online through the Site and provide them to third parties for our own marketing purposes.

Art-Sitters reserves the right not to publish or remove reviews and/or comments in case of misuse or if the review/remark seems inappropriate.

 

Liability of Art-Sitters

Art-Sitters is not responsible for the incorrect, invalid or incomplete information/data provided by the User and/or the Artsitter. We are not liable for any damages resulting from this, including not for any misuse of information.

Art-Sitters is not liable for any damages whatsoever resulting from the unauthorized acquisition of personal data by third parties, such as hacking our database. If you have granted third parties access to your account and you abuse this, Art-Sitters cannot be held liable for this. If you provide (personal) data to an Artsitter, you do so entirely at your own risk, Art-Sitters will not be responsible or liable for any damage resulting from this.

Art-Sitters is not liable and/or responsible for the consequences of whether or not the ‘Regeling dienstverlening aan huis’ (Regulation Services at Home) applies.

What happens during the sitting session is the responsibility of the User and the Artsitter. We, therefore, advise the Users and Artsitters to take out liability and accident insurance.

Art-Sitters does not enter into any agreement(s) on behalf of and/or for the benefit of the Artsitter or the User of the (sitting) service. Users and Artsitters enter into a direct agreement (Art-Sitting Agreement) with each other. Because we are not a party to this agreement, we are not responsible and/or liable for the manner of execution and/or completion of this agreement and/or the (sitting) service. 

Art-Sitters expressly rejects all possible claims for liability of any kind, including claims, services, direct or indirect damages, whether intentionally or unconsciously, with or without indications, disclosed or not, in any way whatsoever in relation to the above-mentioned matter.

If there are complaints about the way in which a (sitter) service is performed and you cannot find a solution together, we ask you to report this to us, so we can then mediate in disputes between the User and Artsitter.

Art-Sitters is never liable for indirect damage, including consequential damage, delay damage, reputation damage, lost turnover/profit, lost savings, pure financial damage, loss of data and immaterial damage related to or resulting from the use of the Site.

The limitations of our liability contained in these Terms of Use do not apply in the event of intent and/or gross negligence on the part of Art-Sitters in the execution of the User Agreement.

 

Indemnification

The User indemnifies Art-Sitters against any claims of third parties, who suffer damage in connection with the use of the Site by the User, the execution of the User Agreement and/or the Art-Sitting Agreement.
If Art-Sitters is being sued by a third party, the User is obliged to assist Art- Sitters both inside and outside the court and to immediately do all that may be expected of the User. If you, as a User, fail to take adequate measures, then Art-Sitters, without notice of default, are entitled to do so themselves. All costs and damage incurred by Art-Sitters and third parties 
as a result are entirely at the expense and risk of the User. Once again, both the User and Artsitter are responsible for taking out accident and liability insurance.

 

Revocation

As a User you can, according to law and without giving any reason, revoke the User Agreement within fourteen days after entering into an agreement with Art-Sitters. This is your 'cooling-off period'. You can revoke within fourteen days by clearly informing Art-Sitters in writing an email.

Unfortunately, it is no longer possible to revoke a booking request within these fourteen days, when it has been accepted by the selected Artsitter. If the last, fourteenth day, falls on a weekend or a national holiday, then the reflection period ends on the next working day.

Art-Sitters will refund the full amount already paid within fourteen days to your account.

 

Cancellation of a booked service

Unfortunately, it can sometimes happen that you have to cancel an already booked (sitting) service. When booking an Artsitter, you sign an Art-Sitters Agreement with the Artsitter. On the basis of this agreement, the User can cancel the booked (sitting) service under the following conditions;

  • up to 24 hours before the start of the babysitting service, against payment of only booking and administrative costs of 5 EUR.

  • within 24 to 0 hours before the start of the (sitting) service, Art-Sitters will charge an amount of one half of creative lesson 17 EUR plus a booking fee of 5 EUR, without babysitting fee. This amount includes assistance with administrative procedures/cancellation costs.

    On the basis of the agreement agreed upon between the User and Artsitter, an Artsitter may cancel a booking for a (sitting) service free of charge without any compensation to the User and/or Art-Sitters.

    Art-Sitters reserves the right, in the event of excessive cancellations by a User and/or Artsitter, to deny him/her access to the services.

    Invoicing and payment

    After a completed (sitting) service, the User and Artsitter together agree on the actual length of the babysitting period, which the Artsitter (and User, in case of change) confirms through an email. Unless otherwise agreed, the Artsitter is entitled to at least the hours indicated on the booking request. On a monthly basis, Art-Sitters sends the invoice to the User on behalf of the Artsitter for each completed and confirmed (sitter) service. The User will be informed by email, and possibly reminded later, that the invoice is ready to be paid to the Artsitter. As a User, you explicitly instruct Art-Sitters to make the payment to the Artsitter. The (continued) payment must be made by the User within 5 calendar days.

 

Art-Sitters will only take over the payment processing between you and the Artsitter. As a User, you explicitly order Art-Sitters to handle this payment. The hourly rate mentioned on the Site corresponds to the price for one hour of 'work' of the Artsitter (which differs and is categorized in lesson hour and babysitting hour). These prices include the 20% costs of Art-Sitters for assistance with administrative procedures. The amount of the total transaction fee charged by Art-Sitters depends on the duration of the (babysitting) service.

Objections of the User to the invoiced amount must be reported to Art-Sitters in writing within 30 days after the date of the invoice.

In case of late payment, the User will be in default without further notice of default. From the date that you are in default as a User, all terms of the remaining duration of the service booked become payable and must be paid within 45 days of this pay date. If the amount is outstanding for more than 45 days, Art-Sitters has the right to dissolve the User Agreement. Outstanding amounts are then still payable without prejudice. If you as a User are in default in the (timely) fulfillment of your payment obligation, then all reasonable costs that Art-Sitters must incur out of court to collect the money claim will be at the expense of the User.

 

Suspension and dissolution

Art-Sitters may refuse a booking of a User, temporarily or permanently deny the User access to the Site or immediately and with immediate effect terminate the User Agreement if:

  • The User does not, not fully or not timely fulfill his obligations;

  • There are circumstances on the basis of which Art-Sitters fears that the

    User will not fulfill his/her obligations;

  • The User acts in violation of the Terms of Use;

  • Art-Sitters receives a complaint(s) about the User from Artsitter(s) that

    are considered to be justified;

  • The User acts contrary to any legal regulation or acts contrary to

    good morals or public order.

 

Changes

Terms of Use

Art-Sitters expressly reserves the right to change the Terms of Use applicable to the User from time to time. The amended Terms of Use apply to the existing User Agreements. Art-Sitters will inform the User in writing of the upcoming amendments to the Terms of Use. The changes will take effect thirty (30) days after the announcement. If you do not wish to accept the changes, you can cancel the User Agreement in writing by that date until the date on which the new conditions come into force.

Art-Sitting Agreement

Art-Sitters is entitled to amend the Art-Sitting Agreement in accordance with legal requirements. Art-Sitters will notify the User and Artsitter in writing of the upcoming changes to the Art-Sitting Agreement. The changes will come into force thirty (30) days after their announcement. The User and Artsitter automatically accept the changes if they do not contradict them within thirty days of the announcement. Changes do not have a retroactive effect, they are always valid for the future.

Price changes

Art-Sitters expressly reserves the right to change the prices mentioned on the website www.artsitters.com. Prices of our service and/or parts thereof can be changed at any time. Price changes will take effect thirty (30) days after the written notification to the User.

Dispute settlement

All disputes between Art-Sitters and the User and/or between Art-Sitters and Artsitter will be submitted to and settled by the competent court in Amsterdam unless mandatory law stipulates that the dispute must be submitted to another court. Should one or more of the provisions in these Terms of Use appear to be or have become partially null and void, we (User and Art-Sitters) shall remain bound to the remaining part.